Currently USA H-1 visa. Spouse out of status in USA. Any suggestion?

[krist.sun]

Hi, I am working in USA with H-1B visa. My spouse was a F-1 student but is out of status now. Can I apply for PR in USA? Or must we return home country to apply for PR?

Thanks for any suggestion!

 

[NewYorker]

If the spouse lived legally in the US for one year or more then you can apply from USA with no real problems. You need to prove that your spouse were in the US legally for one year before expiration of her visa. You may also need to address why she went out of status.

 

[krist.sun]

If the spouse lived legally in the US for one year or more then you can apply from USA with no real problems. You need to prove that your spouse were in the US legally for one year before expiration of her visa. You may also need to address why she went out of status.

Thank you! Do you know any similar case, or a lawyer good at this?

Thank you!!

 

[NewYorker]

Try David Cohen!!

 

[NewYorker]

Thank you! Do you know any similar case, or a lawyer good at this?

Thank you!!

I am sure it is not a problem, as I said earlier you need to have 1 year of legal status here. You need to get PCC from your country and from USA and wherever you lived after 18 years old for six or more months.

You will not face any issues to get a PCC from FBI. Just consult a lawyer before proceeding.

 

[krist.sun]

Thank you! Do you know any similar case, or a lawyer good at this?

Thank you!!

I am sure it is not a problem, as I said earlier you need to have 1 year of legal status here. You need to get PCC from your country and from USA and wherever you lived after 18 years old for six or more months.

You will not face any issues to get a PCC from FBI. Just consult a lawyer before proceeding.

Yes. My spouse lived in USA legally for 5+ years with F-1 visa and even received a degree.
I have sent a question on David Cohen's website.

Thanks!

 

[NewYorker]

Good, then he/she will be alright.